WHEREAS,
the present laws do not adequately provide for a method of registering
the ownership of tenant-farmers covered by Presidential Decree No. 27,
and
WHEREAS, there is urgent need of registering such rights to prevent
confusion in land titles;chanroblesvirtualawlibrary
NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines,
by virtue of the powers in me vested by the Constitution as
Commander-in-Chief of all the Armed Forces of the Philippines, and
pursuant to Proclamation No. 1081, dated September 21, 1972, and
General Order No. 1, dated September 22, 1972, as amended, do hereby
decree and order the registration of said rights in the following
manner; chanroblesvirtualawlibrary
Section 1. All Land Transfer Certificates issued
pursuant to Presidential Decree No. 27 shall be filed by the Department
of Agrarian Reform and recorded with the Land Registration Commission
and forthwith the letter shall transmit a copy thereof to the Register
of Deeds of the province or city where the land lies. When involving
registered land, the Department of Agrarian Reform shall indicate the
number of the corresponding original or transfer certificate of title.
Upon receipt of the copy of the Land Transfer Certificate, the Register
of Deeds concerned shall record it in the primary entry book and
annotate a memorandum thereof in the corresponding certificate of title
covering the land, without need of prior surrender of the owner's
duplicate certificate of title. It shall be the duty of the Register of
Deeds to notify the registered owner concerned of such fact within a
reasonable time. If the land involved is not registered under the
Torrens System, the Register of Deeds shall record the Land Transfer
Certificate in the primary entry book and in the registration book made
and provided for unregistered lands under Act 3344.
Section 2. After the tenant-farmer shall have fully
complied with the requirements for a grant of title under Presidential
Decree No. 27, an Emancipation Patent and/or Grant shall be issued by
the Department of Agrarian Reform on the basis of a duly approved
survey plan.
If the land is previously registered under the Torrens System, the
Emancipation Patent and/or Grant, if filed with the Register of Deeds,
shall constitute conclusive authority for him to enter a transfer
certificate of title in accordance with such patent and/or grant:
Provided, however, That the Register of Deeds, before cancelling the
original of the certificate of title and issuing a new one in favor of
the grantee, shall require the registered owner or the party in
possession thereof to surrender for cancellation the owner's duplicate
within a reasonable period; and Provided, further, That if the owner or
party withholding such duplicate certificate shall refuse or fail to
surrender the same within thirty (30) days from and after the date of
receipt of the proper notice, the Register of Deeds shall be authorized
to cancel the original as well as the owner's duplicate certificate of
title and issue in lieu thereof a new one, with the corresponding
owner's duplicate, in favor of the grantee. chanroblesvirtualawlibrary
If the patent or grant affects unregistered lands previously recorded
under Section one, the filing of the Emancipation Patent and/or Grant
with the Register of Deeds for the province or city where the land is
situated, shall forthwith bring the land under the operation of Act
496, as amended, and the same shall thenceforth be considered
registered lands. It shall thus be the duty of the Register of Deeds,
after the entry of the patent and/or grant in the corresponding
registration book, to enter an original certificate of title for such
registered land, and issue an owner's duplicate certificate to the
grantee.
Section 3. No fee, premium, or tax of any kind shall
be charged or imposed in connection with the issuance and registration
of documents and titles, nor shall postage dues and mailing charges be
required in all matters connected with the implementation of this
Decree.
Done in the City of Manila,
this 4th day of August, in the year of Our Lord, nineteen hundred and
seventy-three.
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